Daniel J. Garfield

Senior Counsel

dgarfield@fostergraham.com | Download vCard

Dan represents businesses in all manner of transactions, with an emphasis on distressed financial situations and corporate restructuring, bankruptcy, receiverships, and dissolution.

His experience includes representation of distressed businesses, Chapter 11 debtors, debtor-in-possession lenders, creditors’ committees, secured creditors, mechanic’s lienholders, and Chapter 7 trustees.  He also represents lenders in foreclosures and receiverships and buyers and sellers of distressed assets.  He has also completed out-of-court loan workouts for borrowers and lenders and has additional experience in insolvency litigation, including fraudulent transfers, preferences, piercing the corporate veil, breach of fiduciary duty, and nondischargability actions.

Dan also has significant experience in assisting borrowers and lenders in structured finance and other lending transactions.

Education

  • J.D., 1995, Northwestern University School of Law
  • B.A., 1989, Swarthmore College

Admitted

  • Colorado

Professional Memberships

  • American Bankruptcy Institute
  • American Bar Association
  • Colorado Bar Association
  • Denver Bar Association
  • Turnaround Management Association (board of directors, Rocky Mountain Chapter)

Community Involvement

  • Board of Directors, Stride

Representative Matters

Completed Denver Radio Company’s $11.7 million asset sale in Chapter 11 bankruptcy to Guggenhein Corporate Funding, LLC. The transaction included two Denver radio stations and a radio transmittal tower

Represented Mercury Companies, Inc. and its subsidiaries in their Chapter 11 liquidation

Represented Mountain City Meat Co., Inc. in its Chapter 11 liquidation

Represented the $150 million Landmark condominium and mixed use retail development in Chapter 11 and receivership

Represented the unsecured creditors’ committee of Village Homes of Colorado, Inc.

Represented the unsecured creditors’ committee of Storm Cat (USA) Operating Corp.

Represented the unsecured creditors committee of PRB Energy, Inc.

Represented the unsecured creditors committee of Koala Playgroup, Inc.

Represented affiliates of Fortress Investment Group in a mezzanine loan foreclosure and workout

Represented Madison Capital as a secured lender in the Chapter 11 case for a RV park in Florida

Represented Apollo Management as a DIP lender and shareholder for a $75 million loan in the Chapter 11 case of Clark Retail Services, a multi-state gas station and convenience store chain

Represented the borrower in a loan workout for a condominium development in Durango, Colorado

Represented Wells Fargo Business Credit as asset-based lender in several Chapter 11 cases

Represented affiliates of Dividend Capital as landlord in various Chapter 11 cases

Represented Vanguard Airlines in its Chapter 11 liquidation

Represented Digital Lighthouse, Inc. in its Chapter 11 liquidation

Represented Collins Cashway Lumber, Inc. in its Chapter 11 reorganization